This online Privacy Policy is provided to make you aware of how The Imaging Services Group collects, uses and manages information of visitors to its Internet websites. The Imaging Services Group and its related entities ('Poster Planet'), the publisher of www.imaging.com.au, view the personal privacy of users as an important issue, and are committed to maintaining the security of personal information provided to The Imaging Services Group by users in accessing www.imaging.com.au. This policy forms part of the terms of use of the website, and describes how The Imaging Services Group treats personal information that it receives through your use of the website.
Please note: The Imaging Services Group makes some other websites available to you from hyperlinks in www.imaging.com.au. These websites are not subject to The Imaging Services Group Privacy Policy. You should review the privacy policy of each individual website you access via hyperlinks from this website, and assess whether the policy of each website is satisfactory to you before you use the other websites.
What Information Do We Collect and How Is It Used?
The Imaging Services Group collects the following information regarding visitors to our website: domain name, name, information regarding what pages are accessed, information volunteered by you, such as survey information, e-mail address, or website registrations, and your preferred means of communication. The Imaging Services Group collects and logs this information for statistical purposes.
Other than stated in the preceding, no attempt is made to identify users or their browsing activities except, in the event of an investigation, where a law enforcement agency may exercise a warrant to inspect logs, or where The Imaging Services Group believes it is required to collect and produce relevant electronic documentation to fulfil its obligations to third parties, including statutory organisations under local law.
The Imaging Services Group endeavours to use and disclose your personal information only in limited circumstances. The Imaging Services Group will do so if it is necessary to protect any copyright or intellectual property in the material in the website, or if it is necessary to enforce the The Imaging Services Group website Terms and Conditions of Use.
Except as specifically stated in this Privacy Policy, we will not share your personally identifiable information with a company that is not associated with The Imaging Services Group.
While The Imaging Services Group has endeavoured to ensure that all information provided on www.imaging.com.au is accurate and up to date,The Imaging Services Group takes no responsibility for any error or omission relating to this information. To the maximum extent permitted by law, The Imaging Services Group will not be liable for any cost, loss or damage suffered by you through your use of The Imaging Services Group Internet website or The Imaging Services Group failure to provide access to these Internet Web sites or information updates.
Your use of the website is governed by the The Imaging Service Group website Terms and Conditions of Use as set out below.
You are judged to have read and understood these terms and conditions. It is a condition of placing an order that you are bound by these terms. The Imaging Services Group P/L (hereafter referred to as “The Imaging Services Group”, "Imaging Services", "the Company" or "the Seller") will not be bound by any conditions imposed by the customer (hereafter referred to as the "buyer" or "customer"), unless agreed in writing and signed by all company directors or partners.
PRELIMINARY and ONGOING WORK
All preliminary work undertaken whether experimentally or otherwise will be charged at current rates.
All work begun and/or completed operates under Australian and Associated International Copyright Laws and is protected as such through our rights as Graphic Designers, Photographers and Artists.
All work undertaken is limited by use as a Limited License.
You may not copy, reproduce, republish, upload, post, transmit, sell, distribute, transfer or modify any of the content, data, information or materials deliberated by The Imaging Services Group. All services and products deliberated between the Company and the customer are solely for the customer’s own use only provided that they: (a) keep intact all copyright and other proprietary notices; (b) do not use the material in a manner that would compete with or damage the goodwill associated with The Imaging Services Group; (c) do not use the material in a manner that suggests an association with any of our services, brands, or products (unless otherwise authorised in writing by us); and (d) you make no modifications to the material. You further agree that, except as expressly provided in this Agreement, you shall not duplicate, download, publish, modify or otherwise distribute any material for any purpose other than for the sole and own individual use unless otherwise specifically authorised by us.
QUOTATIONS
The Imaging Services Group will not be bound by any price quoted on the telephone. A firm quotation in writing or email acknowledged by both parties shall be the only binding form and will be given and deemed valid only after The Imaging Services Group have received and examined the necessary samples.
ORDERS
Any contract made between the Company and the Customer (hereinafter called "the Contract") shall incorporate and be subject to these Conditions; any other terms that the Customer shall seek to incorporate into the Contract are hereby expressly excluded. An order shall be deemed to be accepted by The Imaging Services Group on receipt of authorisation whether by fax, e-mail, or verbal. No order of the Customer placed with the Company (whether in response to a quotation or not) shall be binding on the Company unless and until it is accepted by the Company in writing by letter or email. The Company is not obliged to accept cancellation of accepted orders and may require payment of a cancellation charge before accepting any cancellation. Specifications and price lists are issued for information purposes only, and do not constitute contractual offers for sale; they are subject to alteration or withdrawal without notice.
PRICED SAMPLES
Prices quoted in writing are based on current costs of production and, unless otherwise agreed in writing are subject to amendment at any time after authority is given to print, to meet any rise or fall in such costs. The price of the goods shall be in accordance with our official list price for the goods on delivery thereof provided that such price shall be subject to adjustment without notice.
PROOFS AND ERRORS
An extra charge will be made for major corrections, amendments, and alterations in style or content and for corrected proofs. On request proofs are available for customers’ approval. No responsibility or liability will be accepted by The Imaging Services Group for: (i) any errors after the proofs have been approved by the customer or (ii) for any material for which the customer has given instructions that allow for artists' license (iii) any errors in spelling or grammar made by our designers where proofs have been submitted to the customer. Any orders taken by telephone will be accepted only at the customer's own risk. Proofs are deemed to have been approved at the point of receipt whether or not a signature has been received. Proofs are not colour calibrated and no responsibility will be accepted for deviations in colour from the proof supplied. Any complaints about services provided or work supplied deemed by the buyer to be the fault of The Imaging Services Group should be submitted in writing within 5 days of delivery. After this date all goods and/or services will be deemed to be acceptable for use. Any usage of the goods supplied will be deemed as acceptance of the goods. The Imaging Services Group shall only consider financial recompense upon return of the goods in full, or that part of the supply deemed unacceptable.
PAYMENT
The Imaging Services Group shall be entitled to invoice the customer for the price of the customer's order when the order has been or is in the process of being completed, whether or not the goods have been collected or delivered to the customer. Payment shall become due upon notification to the customer that the order has been completed. Time of payment shall be stated and respected on the invoice. An extra charge may be made where The Imaging Services Group agrees with the customer to deliver the goods or expedite the order. In the event of the processing of the customer's order being suspended or delayed as a result of any act or omission on the part of the customer for a period of 30 days, The Imaging Services Group shall be entitled to payment for that part of the work relating to the customer's order which has been processed. If the customer fails to supply requested information for a period exceeding 10 working days, thus preventing the completion of the order, The Imaging Services Group will be entitled to invoice for the full amount. If the customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to The Imaging Services Group, The Imaging Services Group shall be entitled: - to cancel the contractor or suspend any further deliveries to the customer; to appropriate any payment made by the customer as The Imaging Services Group may think fit (notwithstanding any purported appropriation by the customer); and to charge the customer with all costs and expenses involved in collecting the overdue payment. A Finance Charge will be made on unpaid balances at the rate of 10% per month. This charge will be computed by applying the monthly rate to the statement value at the start of each calendar month, until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest). The buyer shall be liable to pay same in the event of late payment even after payment of the principal sum, acceptance of which does not absolve the buyer from liability for such interest. Payment of over 14 day terms is valid only on submission and approval of the appropriate form, and then only with an account number. 30-day terms are subject to withdrawal at any time. A credit limit of $500 plus Goods and Services Tax of 10% applies for all accounts and will only be increased upon written application and further approval. Any account exceeding this limit will be judged to be a failed payment, and become due immediately with interest chargeable from the date of invoice. Deliveries of order will be suspended on all overdue accounts. Any cheques returned or stopped will be charged to the customer at $65 plus Goods and Services Tax of 10% per instance, and accounts will be placed immediately on stop. All costs incurred in recovering our unpaid invoices will be added to costs outstanding to be borne by the customer.
DELIVERY
Goods will be delivered by the most economical means by a carrier of our choice. Should the customer specify another means i.e. "overnight AM" the additional charges will be for their account. If the company undertakes to deliver the goods on or before a stated date, it shall use its best endeavours to comply therewith, but in the event of late delivery, the buyer shall not be entitled to vary or cancel the order nor shall The Imaging Services Group be liable for any resultant damages consequential or otherwise occasioned by reason of a delay. Any damages caused in transit are the sole responsibility of the carrier and shall be governed by their terms and conditions. Responsibility for all insurance claims resulting shall lie with the client. The Imaging Services Group only uses couriers who insure goods for their value at point of sale. The signature of any employee or agent of the buyer is proof of receipt. In the event that The Imaging Services Group cannot or do not obtain a signature the risk in the goods will nonetheless be born by the client. The buyer will be liable for any additional carriage, storage charges, losses or damages arising if the customer refuses to take delivery of the goods ordered. The Company reserves the right to make partial deliveries. Goods in each delivery or part delivery shall be considered sold under separate contract, which may be invoiced separately. Neither any non-delivery, nor shortages in delivery nor any claim by the Buyer in respect of any delivery or part delivery shall entitle the Buyer to reject any other goods.
LIABILITY
The Imaging Services Group shall not be liable for any indirect or consequential loss or for any loss to the customer arising from third party claims occasioned by any error, failure or delay in completing the order or by delay in delivery, including any alleged loss suffered from cessation of services due to non-payment and/or due to holding pages posted or comments made stating that web or other services have been ceased due to non-payment. Time shall not be of the essence unless otherwise agreed in writing. Where work is defective for any reason, The Imaging Services Group’s liability (if any) shall be limited to rectifying such defects in so far as The Imaging Services Group is reasonably able to do so. Invoices must be settled in full before any consideration to disputes or refunds can be given.
UNDER OR OVERSUPPLY
The amount of goods delivered shall be that ordered and stated on the Acknowledgement of Order. The Imaging Services Group reserves the right to supply either under or over the ordered amount by approximately10%. Undersupply shall be subject to a discount based on the proportion supply. Oversupply will not be charged for. When time is at a premium we reserve the right to oversupply to allow for cast-offs. We will usually strip out all bad print, however if we supply faster than our stated turnarounds we may have to leave in cast-offs. In the event of this happening responsibility lies with the client to remove all cast-offs up to the said 10% of the order.
QUALITY
Every effort is made to ensure sound material and good workmanship, but all warranties and conditions express or implied as to materials or workmanship, or the satisfactory quality or fitness of goods for any particular purpose, whether such purpose be known to the Seller or not, are excluded. In the event of any goods proving defective however, the Seller is prepared at its sole option either: - a) to replace such materials free of charge, at the place of delivery and in the condition originally specified. b) To refund to the Buyer the Contract price of such goods, if required to do so, within a reasonable time, but not later than 12 months from the date of delivery. Any liability is limited to such replacement or refund and does not extend to any other expenditure incurred or to any consequential damages. For this warranty to apply the goods must: (i) have been accepted and paid for by the Buyer and (ii) be found upon examination by the Seller to be defective, owing to faulty materials or workmanship. The Seller accepts no responsibility for fair wear and tear, incorrect or defective storage, fitting, installation or use, unauthorised reconditioning or repair, accident, neglect, or cause beyond the Seller's control. This warranty does not cover any defects caused by third party contractors or mistakes in typesetting or logo placement not pointed out in writing by the Buyer. In the event of any such instance, The Imaging Services Group undertakes to pursue the matter to the best of its ability with the third party involved. Time will not be of the essence in such matters. Full settlement in any case should consist of the supply of the original order. No refund or cancellation of order is permitted due to third party errors.
EXCLUSION
Neither the company nor any of its suppliers, associate companies, officials, employees, shall be liable to the buyer or any third party for any loss or damage of any nature which may be suffered in consequence of any failure on the part of the company to deliver any goods in time or at all or for any defects in goods arising from any other cause whatsoever, and the buyer hereby indemnifies the said parties and holds them harmless against all such claims and undertakes to be solely responsible for the satisfaction of all third party claims.
OFFERS
All special offers are governed by these and their own terms and conditions. The Imaging Services Group reserves the right to cancel any offer at any time without exception. The guarantee of turnaround times is a courtesy extended to customers solely at our discretion. For the purposes of return times, dates will be calculated on the basis of supply before 12pm midday. Work submitted after 12pm will count as submission the following day. Refunds are subject to individual consideration and withdrawal at any time.
ERRORS AND OMISSIONS
Price lists, acknowledgements, invoices and the like are subject to correction for any errors or omissions.
CUSTOMER'S ARTWORK
Customer's artwork and any other property supplied to The Imaging Services Group by or on behalf of a customer will be held and worked upon at the customer's own risk. A charge shall be incurred where The Imaging Services Group have to adjust artwork not supplied to the guidelines set out by the Company. Any additional work (adding bleeds, relaying artwork, typesetting or downloading fonts, separation etc.) is charged at $120 per hour plus Goods and Services Tax of 10%. Please ensure artwork is print-ready. This will enable us to print your work within the time specified.
CUSTOMER'S OWN MATERIALS
The Imaging Services Group reserve the right to reject any plates, paper or other materials supplied or specified by the customer which in The Imaging Services Group’s sole discretion it considers to be unsuitable. The Imaging Services Group reserves the right to make additional charges for any additional costs incurred if such materials are found to be unsuitable during production.
INDEMNITY
The customer shall ensure that he has full authority to reproduce any material in which copyright subsists and The Imaging Services Group reserves the right to refuse to undertake any work that infringes, or appears to infringe, the copyright of a third party. b) The customer shall fully indemnify The Imaging Services Group against any action, claim, demand, costs, charges and expenses arising from libel, or incurred by reason of any infringement or alleged infringement of any copyright letters patent, registered design trade mark, trade name, industry guidelines or any other intellectual property rights protected in the United Kingdom or any laws for the time in force in the United Kingdom by the publication or use or sale of the goods and against all costs and damages which The Imaging Services Group may incur in any action for such infringement for which The Imaging Services Group may become liable. c) In the event of any claim being made or action brought against the customer arising out of the matters referred to in this clause, The Imaging Services Group shall be promptly notified thereof. d) The customer warrants that any design material or instructions furnished or given by him are not libellous or such as will cause The Imaging Services Group to infringe any copyright letters patent, registered designs, trade marks or trade name, or any other intellectual property rights or any legislation for the time being in force in the United Kingdom in the performance of the contract.
RISK & OWNERSHIP
Ownership of the goods being the subject of this contract shall not pass to the buyer until they are fully paid for, but the risk in the goods shall be borne by the buyer from the date of delivery to the customer. Rights of ownership of all artwork and multimedia work remain with The Imaging Services Group until an invoice has been issued for that artwork and fully paid for.
MISCELLANEOUS
The buyer shall be liable for all legal costs (including attorney and own costs, collection, commission and tracing agents' charges) incurred by the company arising out of any breach of the buyer's part. In the event of any breach on the buyer's part, the company shall be entitled to cancel the contract and to retain all amounts paid without prejudice to its rights to recover damages. No indulgence, leniency or extension of time which the company may grant or show to the buyer shall in any way prejudice the company or preclude the company from exercising any of its rights in the future.
CANCELLATION
Subject to the provisions hereof, no contract shall be capable of cancellation.
BEYOND CONTROL
The Imaging Services Group will make every effort to carry out the customer's instruction and the resulting contract but shall be under no liability if unable to carry out any provision of the contract for any reason beyond The Imaging Services Group’s control (without limiting the foregoing) including inability to secure labour, materials or supplies, breakdown of machinery or malfunctions, or as a result of any Act of God, war, labour dispute, fire, flood, legislation, failure of power supply or any cause beyond The Imaging Services Group’s control. During the continuance of such contingency the customer may by notice in writing to The Imaging Services Group elect to terminate the contract and pay for work done up to such notice and for materials used, but subject thereto shall otherwise accept delivery when available.
JURISDICTION
These conditions and all other terms of the contract shall be governed and construed in accordance with the laws of Australia. Acceptance of the terms herein and all other terms of the contract is a necessary condition of any work entered into with The Imaging Services Group and is not subject to approval or examination.
© 2006 The Imaging Services Group P/L
For further information or advice please contact The Imaging Services Group on :
03 9427 7575 or send us an email at mail@imaging.com.au